DORCHY V. KANSAS, 264 U. S. 286 (1924)

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U.S. Supreme Court

Dorchy v. Kansas, 264 U.S. 286 (1924)

Dorchy v. Kansas

No. 163

Argued January 15, 16, 1924

Decided March 10, 1924

264 U.S. 286


1. The system of compulsory arbitration of industrial disputes set up by the Court of Industrial Relations Act of Kansas, and held unconstitutional in Wolff Packing Co. v. Court of Industrial Relations, 262 U. S. 522, as applied to packing plants, is, for the same reasons, invalid as applied to coal mines of that state. P. 264 U. S. 289.

Page 264 U. S. 287

2. Quaere whether, as a matter of statutory construction, § 19 of this act, which declare that one who use his position as a officer of a union or as an employer to influence violations of the act or of valid orders of the Court of Industrial Relations shall be deemed guilty of a felony, is separable from the system of compulsory arbitration held invalid? P. 264 U. S. 290.

3. A declaration in a statute that it shall be conclusively presumed the legislature would have passed the statute without any part of it found invalid by the courts provides a rule which may aid in determining the legislative intent, but is not an inexorable command. Id.

4. In reviewing a judgment of a state court, this Court may not only correct errors, but may make such disposition of the case as justice may require in view of change in law and fact that have supervened since the judgment was entered. P. 264 U. S. 289.

5. Where a conviction under § 19 of the above-mentioned statute was affirmed by the Supreme Court of Kansas before this Court had, in another case, declared a closely related part of the same act unconstitutional, held that the question whether § 19 is separable should be remitted for primary determination by that court. P. 264 U. S. 290.

112 Kans. 235 reversed.

Error to a judgment of the Supreme Court of Kansas which affirmed a judgment entered against the plaintiff in error in a criminal prosecution, under § 19 of the Court of Industrial Relations Act of Kansas.

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